BVA Case 17-0010: Back

The examiner determined that the lumbar strain and left 2 knee strain were at least as likely as not related to service,but found that the degenerative disc disease of the lumbar spine and the degenerative joint disease of the left knee were [n]ot caused by or related to the lumbar strain or left knee strain,respectively,or service.

The Board conceded that the appellant injured his back in service,but concluded that his current back disability is not related to that injury.

In reaching this conclusion,the Board determined that the July 2010 VA medical examination was more probative than the private medical evidence the appellant submitted.

Next, the Board determined that the only competent and probative evidence of record regarding the relationship,if any,of the appellant's left knee disability to service is the July 2010 VA examination report.

The Board found that examination report highly probative and therefore denied the appellant's claim.

Degenerative joint disease,from which the Board found the appellant suffers,is included in 3.

Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.

309(a),service connection may also be established by showing continuity of symptoms, which requires a claimant to demonstrate (1)a condition noted during service;(2)evidence of postservice continuity of the same symptoms; and (3)medical or,in certain circumstances,lay evidence of a nexus between the present disability and the postservice symptoms.